Chatterblox Deluxe distribution permissions and end-user license agreement
SOFTWARE LICENSE AGREEMENT
Please read carefully before using the Software. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
THIS AGREEMENT STATES THE TERMS AND CONDITIONS UPON WHICH SILVER OAKS PUBLISHING, INC. ("SILVER OAKS") OFFERS TO LICENSE THE SOFTWARE ("THE SOFTWARE") CONTAINED ON THIS MEDIA TO YOU. BY USING THE SOFTWARE, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT.
1 . License. The Software contained in electronic form on the media is licensed, not sold, to you for use only under the terms of this license, and SILVER OAKS reserves all rights not expressly granted to you. This license allows you to:
install and use the Software on a single computer (the Software is considered in use when it is installed in the temporary memory, i.e. RAM, or the permanent memory, i.e. hard drive); b) make one copy for archival or backup purposes only. You must reproduce on any copy all copyright notices and any other ownership, confidentiality or proprietary legends that are on the original copy of the Software.
2. Restrictions: (a) You may not market, distribute or transfer copies of the Software or Documentation to others or electronically transfer the Software from one computer to another over a network; (b) you may not decompile, reverse engineer, disassemble or otherwise reduce the code of the Software to a human perceivable form; (c) YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE OR LOAN THE SOFTWARE OR DOCUMENTATION OR CREATE DERIVATIVE WORKS BASED ON THE SOFTWARE OR DOCUMENTATION; (d) The Software and Documentation are copyrighted. Unauthorized copying of the Software, including portions thereof or the written materials, is expressly forbidden; (e) You understand that SILVER OAKS may update or revise the Software and in so doing incurs no obligation to furnish such updates to you.
3. Termination. This License is effective until terminated. Except for Sections 4, 5, and 6, this License shall terminate automatically upon the earlier of your breach of your obligations under the License or January 1, 2030. Upon termination, you agree that you will destroy the Software and all copies. This remedy shall be in addition to any other remedies available to SILVER OAKS.
4. Limited Warranty. SILVER OAKS warrants that the Software and the accompanying media will perform substantially in accordance with the description set forth in the documentation contained on the media for a period of ninety (90) days when properly installed on a computer for which a license is granted hereunder. SILVER OAKS does not warrant that the operation of the Software will meet your requirements or operate free from error. SILVER OAKS DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SILVER OAKS, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
5. Limited Remedies. If the Software or media fails to perform as warranted, your sole and exclusive remedy shall be to return the media to SILVER OAKS, postage prepaid. SILVER OAKS shall, at its option, (i) replace the Software or media with Software or media which conforms to the warranty, (ii) correct the error. SILVER OAKS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST BUSINESS PROFITS, LOSS OF INFORMATION, BUSINESS INTERRUPTION, OR THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF SILVER OAKS OR ITS REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6. Limited Liability. The liability of SILVER OAKS for any claims arising out of this License based upon the Software, regardless of the form of action, shall not exceed the license fee for the Software.
7. General. This License shall be governed and interpreted in accordance with the laws of the State of Illinois, USA, without giving effect to choice of law principles. This License shall not be governed by the United Nations Convention for the International Sales of Goods, the application of which is expressly excluded. This License contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements or understandings (oral or written).
If you have any questions about this License, contact SILVER OAKS at: P.O. Box 8440, Moline, IL 61266, USA, Attn: Contract Administrator.